NOTICE OF A TYPE Ix DECISION ON A PROPOSAL IN YOUR NEIGHBORHOOD

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1 Date: June 29, 2016 To: From: Interested Person Susan Ellis, Land Use Services / [email protected] NOTICE OF A TYPE Ix DECISION ON A PROPOSAL IN YOUR NEIGHBORHOOD The Bureau of Development Services has approved a proposal in your neighborhood. The mailed copy of this document is only a summary of the decision. The reasons for the decision are included in the version located on the BDS website Click on the District Coalition then scroll to the relevant Neighborhood, and case number. If you disagree with the decision, you can appeal. Information on how to do so is included at the end of this decision. CASE FILE NUMBER: LU LDP GENERAL INFORMATION Applicant: Representative: Site Address: Peter Kharitonenko BTS Homes, Inc. PO Box 2205 Vancouver WA Sarah Radelet Strata Land Use Planning PO Box Portland OR or [email protected] 3233 SE 31ST AVE Legal Description: WAVERLEIGH HTS BLOCK 18 LOT 11 Tax Account No.: R State ID No.: 1S1E12BD Quarter Section: 3333 Neighborhood: Richmond, contact Douglas Klotz at Business District: Greater Brooklyn, contact David Weislogel at District Coalition: Southeast Uplift, contact Leah Fisher at Plan District: None Other Designations: None Zoning: R2.5 - Single family residential 2,500 Case Type: Procedure: LDP - Land Division Partition Type Ix, an administrative decision with appeal to the Oregon Land Use Board of Appeals (LUBA).

2 Decision Notice for LU LDP Page 2 Proposal: The applicant is proposing a two-parcel land division on this 5,000 square foot lot resulting in two 2,500 lots for single-family development. On April 19, 2016 a building permit was issued for a new single family home and accessory dwelling unit which will be constructed completely on proposed Parcel 1. This partition is reviewed through a Type Ix land use review because: (1) the site is in a residential zone; (2) fewer than four lots are proposed; (3) none of the lots, utilities, or services are proposed within a Potential Landslide Hazard or Flood Hazard Area, and; (4) no other concurrent land use reviews (such as an Adjustment, Design Review, or Environmental Review) are requested or required (see ). For purposes of State Law, this land division is considered a partition. To partition land is to divide an area or tract of land into two or three parcels within a calendar year (See ORS ). ORS defines parcel as a single unit of land created by a partition of land. The applicant s proposal is to create two lots. Therefore this land division is considered a partition. Relevant Approval Criteria: In order to be approved, this proposal must comply with the approval criteria of Title 33. The relevant criteria are found in Section , Approval Criteria for Land Divisions in Open Space and Residential Zones. FACTS Site and Vicinity: The site is located on a corner lot with frontage along both SE Franklin Street and SE 31st Avenue. A demolition permit for a triplex and accessory structure on this site received final inspections in This site is surrounded primarily with singlefamily residential development although there is a multi-dwelling structure directly across SE Franklin St. Infrastructure: Streets The site is a corner lot and has 50 feet of frontage on SE Franklin Street and 100 feet of frontage on SE 31 st Avenue. At this location, SE Franklin Street and SE 31st Avenue and are classified as Local Service Street for all other modes in the Transportation System Plan (TSP). SE Franklin St. is improved with a 30-foot wide roadway within a 60 ft. wide right of way which includes a 7-foot wide planter area and curb, 6-foot sidewalk and a 2 foot setback at the back of the sidewalk (4-6-2 configuration). SE 31 st Avenue is improved with a 36 foot wide roadway within a 60 ft. wide right of way which includes a 4-foot wide planter area and curb, 6-foot sidewalk and a 2 foot setback at the back of the sidewalk (6-7-2 configuration). Water Service There is an existing 8-inch water main in SE Franklin St and no service to the new lot in SE 31 st Ave. Water service for the approved development on Parcel 1 is is shown from SE Franklin Street. Because this land division will remove street frontage along SE Franklin St for this development, a water main extension in SE 31 st Avenue to provide service to Parcel 1will be required as part of this review. Sanitary Service - There is an existing 8-inch VSPP public combination sewer line located in SE Franklin St, which will provide service to development on Parcel 2. An easement along the western boundary of Parcel 2 will allow for a sanitary sewer lateral to service development on Parcel 1. This easement will be required as part of this review. Zoning: The R2.5 designation is one of the City s single-dwelling zones which is intended to preserve land for housing and to promote housing opportunities for individual households. The zone implements the comprehensive plan policies and designations for single-dwelling housing.

3 Decision Notice for LU LDP Page 3 Land Use History: A Lot Confirmation review that confirmed three lots (including this lot) was completed on February 25, Agency Review: Several Bureaus have responded to this proposal and relevant comments are addressed under the applicable approval criteria. Exhibits E contain the complete responses. Neighborhood Review: A Notice of Proposal in Your Neighborhood was mailed on May 17, No written responses have been received from either the Neighborhood Association or notified property owners in response to the proposal. ZONING CODE APPROVAL CRITERIA APPROVAL CRITERIA FOR LAND DIVISIONS IN OPEN SPACE AND RESIDENTIAL ZONES The Preliminary Plan for a land division will be approved if the review body finds that the applicant has shown that all of the following approval criteria have been met. Due to the specific location of this site, and the nature of the proposal, some of the criteria are not applicable. The following table summarizes the criteria that are not applicable. Applicable criteria are addressed below the table. Criterion Code Chapter/Section Findings: Not applicable because: and Topic B Tree Preservation No trees in excess of 6 inches in diameter are located fully or partially on the site. The applicant removed all the trees on the site under the triplex demo permit which received final inspection on 2/10/16, prior to submittal of this land use review application. C Flood Hazard Area The site is not within the flood hazard area. D Potential Landslide Hazard Area The site is not within the potential landslide hazard area. E Phased Land Division or Staged Final A phased land division or staged final plat has not been proposed. Plat F Recreation Area The proposed density is less than 40 units. I Solar Access Maintaining approved development on the site limits new parcel configuration ( supercedes ). J Streams, Springs, and Seeps No streams, springs, or seeps are evident on the site outside of environmental zones. L B.2 - Dead end No dead end streets are proposed. streets B.3 - The site is not located within an I zone. Pedestrian connections in the I zones B.4 - Alleys in No alleys are proposed or required. all zones C.3.c - No turnarounds are proposed or required. Turnarounds D - Common No common greens are proposed or required. Greens E - Pedestrian Connections There are no pedestrian connections proposed or required.

4 Decision Notice for LU LDP Page F - Alleys G - Shared Courts B - Existing public dead-end streets and pedestrian connections C - Future extension of dead-end streets and pedestrian connections D - Partial rights-of-way No alleys are proposed or required. No shared courts are proposed or required. No public dead-end streets or pedestrian connections exist that must be extended onto the site. No dead-end street or pedestrian connections are proposed or required. No partial public streets are proposed or required. Applicable Approval Criteria are: A. Lots. The standards and approval criteria of Chapters through must be met. Findings: Chapter contains the density and lot dimension requirements applicable in the R2.5 zone. Minimum density in the R2.5 zone is one unit per 5,000 square feet. Maximum density in the R2.5 zone is one unit per 2,500 square feet. The site is 5,000 square feet in area and has a maximum density of two lots and a minimum density of one lot. The applicant is proposing two single family lots. The density standards are therefore met. The lot dimensions required and proposed are shown in the following table: Min. Lot Area (square feet) Max. Lot Area (square feet) Min. Lot Width* (feet) Min. Depth (feet) Min. Front Lot Line (feet) R2.5 Zone 1,600 NA Parcel 1 2,500 sq. ft. 50 ft. 50 ft. 50 ft. Parcel 2 2,500 sq. ft. 50 ft. 50 ft. 50 ft. * Width is measured by placing a rectangle along the minimum front building setback line specified for the zone. The rectangle must have a minimum depth of 40 feet, or extend to the rear of the property line, whichever is less. The findings above show that the applicable density and lot dimension standards are met. Therefore, this criterion is met. H. Tracts and easements. The standards of Chapter , Tracts and Easements must be met; Findings: No tracts are proposed or required for this land division, so criterion A does not apply. The following easements are proposed and/or required for this land division: A Private Sanitary Sewer Easement is required across Parcel 2 for a sanitary sewer lateral connection that will serve Parcel 1. As stated in Section of the Zoning Code, a maintenance agreement will be required describing maintenance responsibilities for the easement described above and facilities within those areas. This criterion can be met with the condition that a maintenance agreement is prepared and recorded with the final plat. In addition, the plat must reference the recorded maintenance agreement(s) with a recording block, substantially similar to the following example:

5 Decision Notice for LU LDP Page 5 A Declaration of Maintenance agreement for a 10-foot wide sewer easement has been recorded as document no., Multnomah County Deed Records. With the conditions of approval discussed above, this criterion is met. K. Transportation impacts. The approval criteria of Chapter , Transportation Impacts, must be met; and, Findings: The transportation system must be capable of safely supporting the proposed development in addition to the existing uses in the area. The Development Review Section of the Portland Bureau of Transportation has reviewed the application for its potential impacts regarding the public right-of-way, traffic impacts and conformance with adopted policies, street designations, and for potential impacts upon transportation services. Portland Transportation/Development Review has reviewed the application for its potential impacts regarding the public right-of-way, traffic impacts and conformance with adopted policies, street designations, Title 33, Title 17, and for potential impacts upon transportation services and provided the following comments (see exhibit E.2): The applicant proposes a partition to create two lots. An existing single-family home and ADU are located on proposed Parcel 1. Parcel 2 is suitable for a single-family dwelling. According the ITE Trip Generation Manual, 9 th Edition, a new single-family detached dwelling is expected to generate approximately ten trips per day, including one additional trip during the morning peak hour and one additional trip during the evening peak hour. Based on that information, the proposed development will not significantly impact street capacity or levelof-service. Curbside vehicle access and loading areas for the residential use at this location are sufficient to accommodate two dwellings. The curb cut proposed on Parcel 2 will remove approximately one on-street parking space, and the proposed development will provide one to two off-street spaces. The proposed development will not negatively impact transit service or safety for any mode. The existing sidewalk corridors on NE Franklin and NE 31st exceed the city standard, and provide a sufficient pedestrian level-of-service. The transportation system is capable of safely supporting the proposed development in addition to existing uses in the area. At this location, the City's Transportation System Plan classifies both SE 31 st Ave and SE Franklin St as Local Service Streets for all modes. At this location, city GIS records show that SE 31 st has a 60-ft ROW, 36-ft paved roadway, and a 12-ft sidewalk corridor in a configuration. SE Franklin has a 60-ft ROW, 30-ft paved roadway, and 15-ft sidewalk corridor in a configuration Standard ROW improvements recommended by the Portland Pedestrian Design Guide for Local Service Streets in an area zoned R 2.5, such as SE 31 st and SE Franklin, recommend an 11-ft sidewalk corridor consisting of a 0.5-ft curb, 4-ft furnishing zone, 6-ft sidewalk, and 0.5-ft frontage zone. The frontage of the site on SE Franklin and SE 31 st exceed City standards. No ROW improvements or dedication on SE Franklin will be required at this time. On SE 31 st Temporary Administrative Rule 1.22 Infill Development on Streets with an Existing Sidewalk Corridor applies. Accordingly, the existing sidewalk corridor configuration will be accepted as the standard sidewalk configuration. No ROW improvements or dedication on SE 31 st will be required at this time. A Minor Improvement Permit associated with the building permits for new homes will be required for the new curb cuts/driveways. Based on the information provided to Transportation at this time, this criterion is met.

6 Decision Notice for LU LDP Page 6 L. Services and utilities. The regulations and criteria of Chapters through , which address services and utilities, must be met. Findings: Chapters through address water service standards, sanitary sewer disposal standards, stormwater management, utilities and rights of way. The criteria and standards are met as shown in the following table: Water Service standard See Exhibit E.3 for detailed bureau comments. The Water Bureau has reviewed the proposed action and has the following comments: As a result of the proposed land division, the water line that provides service to the home under inspection on Parcel 1 will no longer be located entirely on the same lot as the home. Title 21 requires that the water service connection be located along the frontage of the lot to be served. Water service connections are not allowed by means of an easement. Therefore, prior to final plat, the water service for this home must be relocated, so that the service connection will be located along the frontage of the Parcel 1 and a report from a licensed plumber verifying this must be provided. For the proposed Parcel 2, the existing water service serving the house on the proposed Parcel 1, which resides in the SE Franklin St frontage of Parcel 2, may be used for Parcel 2. All new and existing water services must meet City Title 21 requirements for service location and sizing Sanitary Sewer Disposal Service standards See Exhibit E.1 for detailed comments. The Bureau of Environmental Services has indicated that sanitary service is available to this site via a combined sewer in SE Franklin St. Sanitary connections from private property that are to be permitted according to PCC must be separately conveyed to the property line and connected through individual laterals to a City sanitary or combined sewer. All discharge must be connected via a route of service approved by the BES Chief Engineer. Permit plans for the structure on Parcel 1 are currently under inspection ( RS). As a result of the proposed land division, the permitted sewer connection that serves the house on Parcel 1 will cross over Parcel 2 to reach the sewer main in SE Franklin street. The applicant must provide an easement for the sewer line on the Final Plat. If an easement is provided, a Maintenance Agreement for the easement must be submitted for approval by BDS and the City Attorney and must be recorded with the Final Plat. Future development on Parcel 2 can be served by a new connection to the sewer in SE Franklin St within its frontage. The sanitary sewer service standards of have been verified with the conditions of approval noted above &.030 Stormwater Management criteria and standards See Exhibits E.1 & E.5 No stormwater tract is proposed or required. Therefore, criterion A is not applicable. Stormwater from these 2 lots will be directed to individual drywells that will treat the water and slowly infiltrate it into the ground. Each of these lots has sufficient area for a stormwater facility that can be adequately sized and located to meet setback standards, and accommodate water from a reasonably-sized home. BES has indicated conceptual approval of the drywells, therefore this criteria is met.

7 Decision Notice for LU LDP Page B.1 Through streets and pedestrian connections Generally, through streets should be provided no more than 530 feet apart and at least 200 feet apart. The block on which the subject property is located meets the noted spacing requirements. The site is within the Portland Master Street Plan for the Southeast District. No through street or pedestrian connections are proposed at this location. Therefore, the proposal is consistent with the master street plan. For the reasons described above, this criterion is met A - Utilities (defined as telephone, cable, natural gas, electric, etc.) Any easements that may be needed for private utilities that cannot be accommodated within the adjacent right-of-ways can be provided on the final plat. At this time no specific utility easements adjacent to the right-of-way have been identified as being necessary. Therefore, this criterion is met. DEVELOPMENT STANDARDS Development standards that are not relevant to the land division review, have not been addressed in the review, but will have to be met at the time that each of the proposed lots is developed. Existing development that will remain after the land division. A single-dwelling home that is completely located on Parcel 1 was approved for this site via building permit (issued 4/13/16). The existing development on the site will remain and be located on Parcel 1. The division of the property may not cause the structures to move out of conformance or further out of conformance to any development standard applicable in the R2.5 zone. Per , if a proposed land division will cause conforming development to move out of conformance with any regulation of the zoning code, and if the regulation may be adjusted, the land division request must include a request for an adjustment (Please see section on Other Technical Standards for Building Code standards.) In this case, there is one Zoning Code standard that relates to existing development on the site: Minimum Setbacks The existing house identified to remain on the site must meet the required Zoning Code setbacks from the proposed new lot lines. Alternatively, existing buildings must be set back from the new lot lines in conformance with an approved Adjustment or other Land Use Review decision that specifically approves alternative setbacks. The existing house was shown to be at least feet from the new property line. Therefore, the required setbacks are being met. To ensure this standard continues to be met at the final plat stage, the final plat must be accompanied by a supplemental survey showing the location of the existing building relative to the adjacent new lot lines. OTHER TECHNICAL REQUIREMENTS Technical decisions have been made as part of this review process. These decisions have been made based on other City Titles, adopted technical manuals, and the technical expertise of appropriate service agencies. These related technical decisions are not considered land use actions. If future technical decisions result in changes that bring the project out of conformance with this land use decision, a new land use review may be required. The following is a summary of technical service standards applicable to this preliminary partition proposal.

8 Decision Notice for LU LDP Page 8 Bureau Development Services/ Environmental Services/ Fire Bureau/ Transportation/ Urban Forestry (Parks)/ Water Bureau/ Code Authority and Topic Title 24 Building Code, Flood plain Title 10 Erosion Control, Site Development Administrative Rules for Private Rights-of-Way Title 17 Sewer Improvements 2008 Stormwater Management Manual Title 31 Policy B-1 Emergency Access Title 17 Public Right-of-Way Improvements Transportation System Plan Title 20 Street Trees and other Public Trees Title 21 Water availability As authorized in Section of the Zoning Code conditions of approval related to these technical standards have been included in the Administrative Decision on this proposal. The applicant must meet the requirements of the Fire Bureau in regards to addressing requirements. These requirements are based on the technical standards of Title 31 and Fire Bureau Policy B-1. CONCLUSIONS The applicant has proposed a 2 parcel partition, as shown on the attached preliminary plan (Exhibit C-1). As discussed in this report, the relevant standards and approval criteria have been met, or can be met with conditions as noted below. ADMINISTRATIVE DECISION Approval of a Preliminary Plan for a 2-parcel partition, that will result in two standard lots as illustrated with Exhibit C-1, subject to the following conditions: A. Supplemental Plan. Three copies of an additional supplemental plan shall be submitted with the final plat survey for Land Use Review. That plan must portray how the conditions of approval listed below are met. In addition, the supplemental plan must show the surveyed location of the following: Any buildings or accessory structures on the site at the time of the final plat application. B. The final plat must show the following: 1. A private sanitary sewer easement, for the benefit of Parcel 1, shall be shown and labeled over the relevant portions of Parcel If required, a recording block is required for the required legal documents such as required by condition C.3 below. The recording block shall, at a minimum, include language substantially similar to the following example: Acknowledgement of Special Land Use condition Requirements has been recorded as document no., Multnomah County Deed Records. C. The following must occur prior to final plat approval: Utilities 1. The applicant shall meet the requirements of the Water Bureau for providing plans and financial assurances for the water main extension in SE 31 st Avenue.

9 Decision Notice for LU LDP Page 9 2. A licensed plumber s signed report verifying that the existing service has been disconnected from services to the proposed Parcel 1 must be submitted as required by the Water Bureau. Required Legal Documents 3. A Maintenance Agreement shall be executed for the private sewer easement described in Condition B.1 above. The agreement shall include provisions assigning maintenance responsibilities for the easement area and any shared facilities within that area, consistent with the purpose of the easement, and all applicable City Code standards. The agreement must be reviewed by the City Attorney and the Bureau of Development Services, and approved as to form, prior to final plat approval. D. The following conditions are applicable to site preparation and the development of individual lots: 1. All addresses shall be permanently displayed as directed by the Fire Marshal s Office (mounted on a building, fence, post, etc.). Numbers/letters shall be contrasting in color to the background and of sufficient size to be plainly visible from the street or road fronting the property. Numbers/letters shall be a minimum 4 high. The Fire Bureau may specify larger numbers/letters. 4. Street trees must be included in all proposed building permit applications as required by Urban Forestry. Staff Planner: Susan Ellis Decision rendered by: on June 22, By authority of the Director of the Bureau of Development Services Decision mailed on June 29, About this Decision. This land use decision is not a permit for development. A Final Plat must be completed and recorded before the proposed lots can be sold or developed. Permits may be required prior to any work. Contact the Development Services Center at for information about permits. Procedural Information. The application for this land use review was submitted on April 19, 2016, and was determined to be complete on May 10, Zoning Code Section states that Land Use Review applications are reviewed under the regulations in effect at the time the application was submitted, provided that the application is complete at the time of submittal, or complete within 180 days. Therefore this application was reviewed against the Zoning Code in effect on April 19, ORS states the City must issue a final decision on Land Use Review applications within 120-days of the application being deemed complete. The 120-day review period may be waived or extended at the request of the applicant. In this case, the applicant did not waive or extend the 120-day review period. Unless further extended by the applicant, the 120 days will expire on: September 7, 2016 Some of the information contained in this report was provided by the applicant. As required by Section of the Portland Zoning Code, the burden of proof is on the applicant to show that the approval criteria are met. The Bureau of Development Services has independently reviewed the information submitted by the applicant and has included this information only where the Bureau of Development Services has determined the information satisfactorily demonstrates compliance with the applicable approval criteria.

10 Decision Notice for LU LDP Page 10 This report is the decision of the Bureau of Development Services with input from other City and public agencies. Conditions of Approval. If approved, this project may be subject to a number of specific conditions, listed above. Compliance with the applicable conditions of approval must be documented in all related permit applications. Plans and drawings submitted during the permitting process must illustrate how applicable conditions of approval are met. Any project elements that are specifically required by conditions of approval must be shown on the plans, and labeled as such. These conditions of approval run with the land, unless modified by future land use reviews. As used in the conditions, the term applicant includes the applicant for this land use review, any person undertaking development pursuant to this land use review, the proprietor of the use or development approved by this land use review, and the current owner and future owners of the property subject to this land use review. This decision, and any conditions associated with it, is final. It may be appealed to the Oregon Land Use Board of Appeals (LUBA), within 21 days of the date the decision is mailed, as specified in the Oregon Revised Statute (ORS) Among other things, ORS requires that a petitioner at LUBA must have submitted written testimony during the comment period for this land use review. Contact LUBA at 775 Summer St NE Suite 330, Salem, OR or phone for further information. The file and all evidence on this case are available for your review by appointment only. Please call the Request Line at our office, 1900 SW Fourth Avenue, Suite 5000, phone , to schedule an appointment. I can provide some information over the phone. Copies of all information in the file can be obtained for a fee equal to the cost of services. Additional information about the City of Portland, city bureaus, and a digital copy of the Portland Zoning Code is available on the internet at Recording the land division. The final land division plat must be submitted to the City within three years of the date of the City s final approval of the preliminary plan. This final plat must be recorded with the County Recorder and Assessors Office after it is signed by the Planning Director or delegate, the City Engineer, and the City Land Use Hearings Officer, and approved by the County Surveyor. The approved preliminary plan will expire unless a final plat is submitted within three years of the date of the City s approval of the preliminary plan.

11 Decision Notice for LU LDP Page 11 EXHIBITS NOT ATTACHED UNLESS INDICATED A. Applicant s Statement B. Zoning Map (attached) C. Plans/Drawings: 1. Site Plan (attached) D. Notification information: 1. Mailing list 2. Mailed notice E. Agency Responses: 1. Bureau of Environmental Services 2. Bureau of Transportation Engineering and Development Review 3. Water Bureau 4. Fire Bureau 5. Site Development Review Section of BDS 6. Bureau of Parks, Forestry Division 7. Life Safety Review Section of BDS F. Correspondence (none received) G. Other: 1. Original LU Application 2. Incomplete Letter The Bureau of Development Services is committed to providing equal access to information and hearings. Please notify us no less than five business days prior to the event if you need special accommodations. Call (TTY ).

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